Note: West Virginia has no anti-SLAPP statute. However, the West Virginia Supreme Court has held that petitioning activity and speech in connection with an issue of public interest is entitled to the NY Times v. Sullivan malice standard level of protection.

Limiting its earlier holding in Webb v. Fury, 282 S.E.2d 28, the court held that the right to petition, though not afforded absolute immunity by the Constitution, cannot give rise to liability unless the defendant is shown to have acted with actual malice.

West Virginia SLAPP Stories:

The West Virginia Supreme Court released a decision upholding the dismissal of a former high principal defamation and “false light invasion of privacy” lawsuit against the Kanawha County Board of Education.

The ACLU filed an amicus brief supporting John Oliver, whose TV segment comparing coal executive Robert Murray to Dr. Evil led to a defamation suit from Murray and his companies. LawNewz calls it the "Snarkiest Legal Brief Ever." Read more here.